What are my right regarding a used car sale?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What are my right regarding a used car sale?
I’m in the process of buying a car from a private party, making monthly payments. Now the car is having transmission problems and often smells like gas coming from the engine compartment. The seller had me sign a document he created stating that I, the buyer agree to take responsibility for any mechanical issues while I’m driving it. Little did I know that at the time of the initial transaction that the car would develop such serious issues that would run into such potentially costly repairs. By the way, this vehicle originally belonged to his mother, who is deceased, and the owner has not yet gone to the DMV for the title transfer, thus the car is not even in his name yet. Is the contract legally binding under the circumstances?
Asked on June 9, 2013 under Business Law, California
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 10 years ago | Contributor
The contract would not be legally binding if he does not have title (except as indicated below): someone cannot legally sell what he does not own. A contract of sale under which A "sells" something he does not own is void for illegality or impossibility (the argument to void the contract could be framed either way).
The contract could be valid IF it is written as a contract that the person will make best efforts to get title and you will buy it from him if he gets the title--then the contract is written to accurately reflect the state of affairs, and if he can get title, you'd have to buy the car. (If he can't, then a condition precedent for your performance would never had occured, and you'd be let out of your obligations.)
If the seller knew or reasonably should have known (that is, any reasonable seller in his position reasonably must have known) of the mechanical issues at the time you signed the document regarding responsibility for mechanical issues and he did not tell you of those problems, then he most likely committed fraud--a material misrepresentation, or important lie--which could give you grounds to rescind the transaction.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.